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Terms of Use

Welcome to our website

The mission of OTO ("Application") is to enable drivers and users to get traffic information, parking information and additional services in Tel Aviv area.

Please read these full terms of use ("Terms of Use"), as they govern Your use of the Application.

Any software provided for use or download through www.anagog.com and any related servers (collectively, the "Site") is a part of the Application.

SAFETY WARNING

YOUR SAFETY IS IMPORTANT TO US. PLEASE USE THE APPLICATION SAFELY. PLEASE USE THE APPLICATION IN ACCORDANCE WITH ALL LAWS AND REGULATIONS, AND ONLY TO THE EXTENT THAT IT DOES NOT DISTRACT YOU FROM DRIVING. FOCUS ALL YOUR ATTENTION ON THE ROAD AND YOUR DRIVING.

If You do not agree to any of these Terms of Use, the Privacy Policy or the Copyright Policy (collectively, the "Agreements"), You may not access or otherwise use the Application.

    We reserve the right, at our discretion, to modify from time to time any of the Agreements. We will inform You regarding such modifications by posting such latest changes on the Site. Your continued use of the Application following the posting of changes any of the Agreementshall mean You accept such changes.
  1. Ability to Accept Terms
    The use of the Application is intended for use by users who are at the legal age permitting to hold a driving license. In any case, accounts of users under the age of 13 years will be cancelled and deleted.
  2. Application
    1. Anagog Ltd. (including its affiliates and subsidiaries, "Anagog" or "We") hereby grants your permission to use the Application for non-commercial purposes, subject to these Terms of Use. Any commercial use of the Application or commercial service based on the Application is strictly prohibited. Notwithstanding the above, You may use the software modules in the Application licensed under the LGPL and the CCPL, as described in Section 3.7 below, in accordance with their respective licenses, and Anagog places no additional restrictions on their use.
    2. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Application in a manner that sends more request messages to the Anagog servers in a given period of time than a human can reasonably produce in the same period by using a conventional web-browser. You agree not to collect or harvest any personally identifiable information from the Application, nor to use the Application for any commercial purposes.
    3. You agree not to use the Application in a manner which gives You or any other person access to mass downloads or bulk feeds of information from the Application.
    4. You agree not to send spam, transmit any data and/or information and/or other content, which contains software viruses or other harmful computer code, or disrupt servers or networks connected to the Application.
    5. Anagogmay terminate Your access to the Application, in its sole discretion.
  3. Intellectual Property Rights; Content Provided by Third Parties; Open Source Software; Creative Commons Software
    1. The content of the Application, including without limitation, the maps, map data, routes, text, graphics, skins, icons, photos, traffic reports, real time parking data and timing, and location of various commercial enterprises and public locations ("Content") and the trademarks and logos ("Marks"), are owned by or licensed to Anagog.
    2. Content of the Application is provided to you "AS IS" for Your information and non-commercial use only and shall not be used for any other purpose without Anagog's prior written consent.
    3. Anagog reserves all rights not expressly granted to You.
    4. You agree not to circumvent, disable or otherwise interfere with security-related features of the Application.
    5. "Anagog", the Anagog logo, and other marks are Marks of Anagog. All other trademarks used in the Application are the trademarks of their respective owners.
    6. The Application may include information provided by third parties. Anagog makes no representations or warranties regarding the accuracy or completeness of the information provided by these third parties.
    7. Anagog uses software and information provided under a variety of public licenses. The copyright notices and licenses for such software and information can be found at: (I )the data provide by the Open Street Map project is licensed under the CCPL2 (http://creativecommons.org/licenses/by-sa/2.0/), (ii) the code provided by the OpenStreetMap-Tools for Android is licensed undertheLGPL (http://www.gnu.org/licenses/lgpl.html), and (iii) the content provided by the OpenStreetMap-Tools for Android is licensed under the CCPL3 (http://creativecommons.org/licenses/by-sa/3.0/).
    8. This section 3 shall survive any termination of these Terms of Use.
  4. User Data
    1. The Application collects various types of information related to the Application and its usage, including without limitation concerning Your location and technical status of your mobile device. Additionally, the Application may permit you to submit information and/or content to Us, through the Application. All such information and content collected by the Application and/or submitted by You through the Application, shall be referred to as "User Data". You are solely responsible for Your User Data and the consequences of posting it.
    2. You represent and warrant that You own or have the necessary rights to use, and authorize Us to use, all intellectual property rights in and to any User Data. You retain all of Your ownership rights in Your User Data. However, by submitting the User Data to Us, You hereby grant Us and the users of the Application a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, copy, distribute, prepare derivative works of, display, and perform the User Data; other users of the Application may only use Your User Data for non-commercial purposes, unless otherwise permitted by Us.
    3. You agree that You will not submit a User Data that:
      1. Is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights;
      2. Creates a risk to a person's safety or health, compromises national security, or interferes with an investigation by law enforcement;
      3. Impersonates another person;
      4. Promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking or to any other illegal activity;
      5. Is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
      6. Involves theft, money laundering or terrorism;
      7. Promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Use, or any applicable policies or guidelines;
      8. Falsely expresses or implies that such content is sponsored or endorsed by Us; or
      9. Is otherwise malicious or fraudulent.
    4. Without derogating from the aforesaid and without imposing any liability or responsibility upon Angog, Angog may examine the User Databefore or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous User Data, or remove such User Dataafter its publication.
    5. You hereby waive any claims You may have against Us with respect to User Data, including Our removal of any User Data We deem inappropriate, and You agree to indemnify Us, and Our officers, directors and agents, for any damage resulting from Your User Data (including attorneys fees and costs to defend any claims in connection therewith).
    6. Anagog does not guarantee that all User Data will be published.
  5. Disclosure

    We reserve the right to access and disclose any User Data or any other information as we reasonably believe is necessary or helpful to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms of Use, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Anagog, its users or the public.

  6. Links

    The Application may contain links to third party websites that are not owned or controlled by Anagog. Anagog assumes no responsibility for any third party website, and You release Anagog from any liability arising from Your use thereof.

  7. Disclaimer, Limitation of Liability and Warranty

    YOU AGREE AND ACKNOWLEDGE THAT THE DATA PROVIDED THROUGH THE USE OF THE APPLICATION AND/OR ANY PART(S) THEREOF CONSISTS AND IS MOSTLY BASED UPON, WHETHER IN WHOLE OR PART, USER DATA AND/OR DATA OBTAINED THROUGH VARIOUS THIRD PARTIES THAT ARE NOT GENERALLY CONTROLLED, INFLUENCED, AFFILIATED OR OTHERWISE CONNECTED WITH ANAGOG (COLLECTIVELY "THIRD PARTY INFORMATION"). ANY SUCH THIRD PARTY INFORMATION SHOULD NOT BE QUOTED OR RELIED ON IN ANY MANNER WHATSOEVER AND PARTICULARLY AS STATEMENTS OF TRUTH OR FACT. YOUR USE IN ANY FORM OR MANNER OR AT ANY TIME OF ANY SUCH THIRD PARTY INFORMATION SHALL BE ENTIRELY AT YOUR OWN RISK. ANAGOG MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN RESPECT OF SUCH THIRD PARTY INFORMATION, PARTICULARLY WITH REGARD TO ITS ACCURACY OR CONTINUING ACCURACY, COMPLETENESS OR EFFECTIVENESS AND SPECIFICALLY DISCLAIMS TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, RESPONSIBILITY AND/OR LIABILITY THAT MAY EXIST OR ATTACH TO THE USE, OF SUCH THIRD PARTY INFORMATION.

    THE APPLICATION (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE CONTENT MAY NOT BE CURRENT, ACCURATE OR COMPLETE. ANAGOG DOES NOT GUARANTEE THAT THE APPLICATION WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUSES, OR THAT IT WILL ALWAYS BE AVAILABLE.

    UNDER NO CIRCUMSTANCES SHALL ANAGOGAND/OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS OR AGENTS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION, INCLUDING WITHOUT LIMITATION, RESULTING FROM TRAFFIC ACCIDENTS, TRAFFIC FINES OR PENALTIES, INCORRECT MAPS, MAP DATA, ROUTES OR DIRECTIONS, OR OPERATION OF THE APPLICATION WHILE DRIVING, EVEN IF ANAGOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THIS SECTION, YOU AGREE THAT ANAGOG'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU TO ANAGOG, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATING OR EXCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  8. Termination of Service and Survival.
    1. Anagog may, at any time, terminate the service provided in connection with the Application in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
    2. Those Terms and Conditions that by their terms and/or nature are intended to continue indefinitely will continue to apply following termination of this legal agreement, including but not limited to: Sections 2,3,4,7 and 10.
    3. You may terminate the use of the Application and the servies provided thereby at any without notice to Anagog.
  9. PRIVACY

    Anagog respects your privacy our updated privacy policy is accessible tothe link above and is an integral part of these Term of Use.

  10. General
    1. The Application and the services provided thereby and/or any part(s) thereof may, for any reason, be added to, subtracted from, varied or otherwise amended by Anagog or any party authorized by Anagog, in its sole and absolute discretion, without prior notice, and from time to time in any form or manner, and for any period or frequency. Furthermore You agree and accept that Anagog makes no representations or warranties or statements as to the continuing consistency or continuity of the Application and the scope of services provided thereby.
    2. The Agreements, and the relationship between You and Anagog are governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and Anagog agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
    3. The Agreements, and any other legal notices published by Anagog on the Application, shall constitute the entire agreement between You and Anagog concerning the Application.
    4. If any provision of these Terms of Use is deemed invalid by a court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
    5. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
    6. YOU AND ANAGOG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: February, 2012

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